STATE v. BROWN, 78527-3-I. (2019)
Court: Court of Appeals of Washington
Number: inwaco20190716g56
Visitors: 16
Filed: Jul. 15, 2019
Latest Update: Jul. 15, 2019
Summary: UNPUBLISHED OPINION PER CURIAM . Fabian Brown appeals his conviction for theft of a motor vehicle, arguing that the trial court failed to enter written findings and conclusions as required by CrR 3.5 and that we must remand for their entry. But the trial court belatedly entered the findings and conclusions, and Brown has not alleged any prejudice from their delayed entry despite the opportunity to do so in a reply brief. Accordingly, a remand is unnecessary. State v. Cannon , 130 Wn.2d 313
Summary: UNPUBLISHED OPINION PER CURIAM . Fabian Brown appeals his conviction for theft of a motor vehicle, arguing that the trial court failed to enter written findings and conclusions as required by CrR 3.5 and that we must remand for their entry. But the trial court belatedly entered the findings and conclusions, and Brown has not alleged any prejudice from their delayed entry despite the opportunity to do so in a reply brief. Accordingly, a remand is unnecessary. State v. Cannon , 130 Wn.2d 313 ..
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UNPUBLISHED OPINION
PER CURIAM.
Fabian Brown appeals his conviction for theft of a motor vehicle, arguing that the trial court failed to enter written findings and conclusions as required by CrR 3.5 and that we must remand for their entry. But the trial court belatedly entered the findings and conclusions, and Brown has not alleged any prejudice from their delayed entry despite the opportunity to do so in a reply brief. Accordingly, a remand is unnecessary. State v. Cannon, 130 Wn.2d 313, 329, 922 P.2d 1293 (1996) ("Although the practice of submitting late findings and conclusions is disfavored, they may be `submitted and entered even while an appeal is pending' if the defendant is not prejudiced by the belated entry of findings." (quoting State v. McGary, 37 Wn.App. 856, 861, 683 P.2d 1125 (1984)); State v. Gaddy, 114 Wn.App. 702, 705, 60 P.3d 116 (2002), aff'd, 152 Wn.2d 64, 93 P.3d 872 (2004).
Affirmed.
LEACH, SMITH and VERELLEN, JJ., concurs.
Source: Leagle
